If you’ve been injured on the job, you might be wondering whether you’re eligible for both workers’ compensation and a personal injury claim. The answer, unfortunately, is a bit complicated. Here’s what you need to know about how workers’ compensation affects personal injury claims in Maryland.
Table of Contents
Understanding Workers’ Compensation
Workers’ compensation is a type of insurance that is intended to help protect employees who are injured on the job. In Maryland, most employers are required by law to carry workers’ compensation insurance. If you’re injured on the job, workers’ compensation can help cover your medical bills, lost wages, and other expenses related to your injury.
The Exclusive Remedy Doctrine
In Maryland, workers’ compensation is usually seen as the exclusive remedy for employees who are injured on the job. This means that if you’re eligible for workers’ compensation, you usually can’t sue your employer for any additional damages related to your injury.
There are a few exceptions to this rule, but they’re rare. Generally speaking, if you’re injured on the job, workers’ compensation is your only recourse.
Third-Party Claims
One exception to the exclusive remedy doctrine is if your injury was caused by a third party. For example, if you’re injured in a car accident while driving for work, you might be able to sue the other driver for damages in addition to claiming workers’ compensation benefits.
Similarly, if you’re injured on a job site that is owned or maintained by someone other than your employer, you might be able to sue the property owner for damages in addition to claiming workers’ compensation benefits.
Personal Injury Claims
If you’re injured on the job and your case does not fall under the third-party exception, you might still be able to file a personal injury claim. However, you’ll need to be able to prove that your employer was negligent in some way and that this negligence led to your injury.
This can be difficult, as the exclusive remedy doctrine is intended to protect employers from being held liable for injuries that occur on the job. However, with the help of a personal injury attorney, you might be able to build a case that can hold up in court.
The Bottom Line
If you’re injured on the job in Maryland, workers’ compensation is usually your only recourse. While there are some exceptions to this rule, they’re rare. If you’re eligible for workers’ compensation, you’ll need to file a claim through your employer’s insurance carrier.
If you’re not eligible for workers’ compensation or if you believe that your employer was negligent and that this negligence led to your injury, you might be able to file a personal injury claim. However, this can be difficult, so it’s a good idea to consult with a personal injury attorney to determine your options.
In the end, the most important thing is to focus on your recovery and getting back to work as soon as possible. With the right help and support, you can get through this difficult time and get back to your normal life.